US tourist convicted of assaulting two police officers in Ibiza: she did not even turn up for the trial

The Balearic Islands Provincial Court has upheld a three-month prison sentence imposed on a US citizen for resisting police officers, as well as a €360 fine for two minor assault offences, following two separate incidents involving National Police officers in Ibiza. She must also pay a total of €300 in compensation to the officers she attacked.

The incidents date back to 3 November 2022, when the woman was at passport control at Ibiza Airport after arriving on a flight from London. According to the facts upheld by the Provincial Court, a police officer repeatedly told her where she needed to go through the control area, but she ignored his instructions.

After reviewing video footage submitted as evidence, the court found that the officer left his booth, approached the area marked off by barriers and, after removing one of them, showed the passenger the route she was required to follow.

Despite this, the woman attempted to enter through a different route and bypass the queue. The officer then took hold of her arm with some firmness in order to guide her back towards the correct route before releasing her with what the court described as a “slight push”.

It was at that point, according to the ruling, that the defendant turned towards the officer, confronted him and raised her arm, striking him in the face and causing a facial abrasion.

A struggle then broke out as she was being arrested, during which the woman kicked out before officers managed to restrain her with the help of a second policeman. The first officer suffered abrasions to his face and left arm, requiring a single medical examination and taking seven days to heal.

Several hours later, a second incident took place at the police station. At around 5pm, as the detainee was being returned to her cell, she scratched another officer on his right hand.

The second officer suffered a laceration to his right forearm and hand, as well as bruising to his left elbow. His injuries required one medical examination and healed within three days.

Defence claimed excessive force was used

The defence sought an acquittal on several grounds, including inconsistency in the judgment, errors in the assessment of the evidence and a breach of the presumption of innocence.

It argued that the police response at the airport had been disproportionate and that the defendant’s reaction — despite the fact that she did not even attend the trial — had been provoked by the officer’s conduct.

The Provincial Court acknowledged that the officer used “a certain degree of force” to guide the woman and that his intervention could be regarded as “strict”, but concluded that there had been no serious or manifest abuse of authority that would deprive the officer of the special legal protection afforded to police while carrying out their duties.

The court stressed that force was only used after the passenger had repeatedly ignored instructions. It therefore found that the officer’s conduct could not be regarded as provocative, nor did it amount to the level of excessive force required under case law.

The judges added that the defendant’s reaction in confronting and striking the officer could not be considered defensive, but rather an “unjustified and disproportionate” response.

The court also found that the injuries sustained by the defendant herself were explained by the level of force required to arrest her after she had assaulted the officer.